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"City" means the City of San Marcos, Texas. <br />"City Operation and Maintenance Expenses" means that portion of the Operations and <br />Maintenance Expenses allocated to the City pursuant to Section 5.02 herein. <br />"Code" means the Internal Revenue Code of 1986, and any amendments thereto, as in force <br />and effect on the date of delivery of any series of Bonds. <br />"Commission" means the Texas Commission on Environmental Quality or any successor <br />entity thereto. <br />"Contracting Parties" means the Participating Members and the City. <br />"Credit Agreement" means any credit agreement, as defined in and authorized by the <br />provisions of Chapter 1371, Texas Government Code, as amended, which the Authority enters into <br />relating to its obligations with respect to the Bonds. <br />"EMMA" means the MSRB's Electronic Municipal Market Access system, accessible by <br />the general public, without charge, on the internet through the uniform resource locator (URL) <br />http://www.emma.msrb.org. <br />"Financial Obligation" means a (a) debt obligation; (b) derivative instrument entered into <br />in connection with, or pledged as security or a source of payment for, an existing or planned debt <br />obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that <br />"financial obligation" shall not include municipal securities (as defined in the Securities Exchange <br />Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been <br />provided to the MSRB consistent with the Rule. <br />"Force Majeure" means such term as it is defined in Section 9.01 of this Amended and <br />Restated Contract. <br />"GBRA Contract" means that certain water purchase contract entered into by and between <br />the Authority and the Guadalupe Blanco River Authority dated as of June 16, 1999, as may be <br />amended from time to time. <br />"General Manager" means the general manager of the Authority's operations, including <br />any party or entity that the Authority enters into a management contract to provide these services. <br />"Land Interests" means the easements, right-of-way, and other interests in real property <br />necessary for the acquisition, construction, and operation of the Project. <br />"MSRB" means the Municipal Securities Rulemaking Board and any successor to its <br />duties. <br />"Operation and Maintenance Expenses" means, during an Annual Payment Period, all <br />direct costs and expenses incurred by the Authority for its operation and maintenance, including <br />but not limited to, the operation and maintenance of the Project, including (for greater certainty <br />but without limiting the generality of the foregoing) amounts payable under the GBRA Contract <br />100585362.23 -5 - <br />